Current Edition- California Business Practice

The Peacemaker Quarterly- April 2014

Thursday, January 7, 2010

Advisory Opinions

Does anyone know about "how courts treat advisory opinions?"

1 comment:

  1. This is what I found...

    An advisory opinion is an opinion issued by a court that does not have the effect of resolving a specific legal case, but merely advises on the constitutionality or interpretation of a law. The United States Supreme Court has determined that the case or controversy requirement found in Article Three of the United States Constitution prohibits United States federal courts from issuing advisory opinions. Accordingly, before the court will hear a case, it must find that the parties have a tangible interest at stake in the matter, the issue presented must be "mature for judicial resolution" or ripe and a justiciable issue must remain before the court throughout the course of the lawsuit. Many state courts are similarly barred from issuing advisory opinions, although there are often specific exceptions to these limitations.

    Hope this helps! Stephanie

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